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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 11a0651n.06 No. 10-1978 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DONALD LILLY, Defendant-Appellant.
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S.C. §§ 841(a)(1) (1) (A), and 844(a)(1) (1) (A). In determining whether there is a reasonable likelihood that a reasonable observer would have understood that the defendant-appellant possessed marijuana, we decide whether, when he was asked to identify marijuana at the police station, he made a reasonable effort to make that identification. Lilly maintains that he made the effort and that his identification was not confused. The government and the defendant-appellant disagree. We find no error in the way the police conducted the stop or in the district court's determination that neither defendant gave a voluntary, intelligent response. In a post-trial motion, the government sought to withdraw its claim that the marijuana charge was the result of an involuntary, intelligent response. On August 22, 2011, I filed a supplemental brief on the record for a decision which, if allowed standing, would mean that, absent a rational articulation to the contrary, our current drug arrest guidelines would not survive constitutional scrutiny. See generally ID. at 16–18. A divided Circuit currently lacks a panel which could decide such a case, as that panel is only two judges short of its required three-judge majority. In response to the government's motion to withdraw, the government has filed a memorandum of the government's position on voluntaries and other issues, and a memorandum of the government's position on confusion in responses. On September 1, 2011, a divided Circuit denied the motion (which the government has appealed). Without this supplemental brief, I find no reason not to review the case as it stands. I. BACKGROUND The incident that led to the officer stopping defendant-appellant Lilly occurred on April 22, 2011. This date is significant because, on occasion, the government's position on the voluntaries of a response to police questioning may be the basis upon which a defendant is convicted after trial. See also United States v. Gross–Hoffman, 994 F.2d 462, 471 (7th Cir.1993). However, if the respondent asserts that he was, in fact, in a reasonable state of mind when making the confession that the government seeks, it is much more difficult for the government to claim that his confession was voluntary. If the government cannot demonstrate that the respondent was in a reasonable state of mind when making the alleged confession, it may be liable for a perjury conviction. United States v.

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United States v Lilly is a legal case that involves a specific lawsuit between the United States government and Lilly, a party involved in the case.
The parties involved in the legal case, particularly the United States government and Lilly, are required to file United States v Lilly.
Filling out United States v Lilly involves providing necessary legal documents, evidence, and arguments according to the instructions and requirements of the court handling the case.
The purpose of United States v Lilly is to resolve the legal dispute between the United States government and Lilly, clarify legal rights and responsibilities, and uphold the principles of justice.
The specific information that must be reported on United States v Lilly depends on the details and requirements of the case, such as legal claims, evidence, or other relevant information.
The exact deadline to file United States v Lilly in 2023 would depend on the court's schedule and any specific timelines set by the court.
The penalties for the late filing of United States v Lilly would be determined by the court handling the case and could include sanctions, fines, or other legal consequences.
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